Terms of Use for Chaddle

Sound Wear Inc. ("Company," "we," "us," "our") welcomes you to Chaddle (the "App"). These Terms of Use ("Terms") constitute a legally binding agreement between you and Sound Wear Inc. governing your use of our Chaddle mobile application and any services provided through it (collectively, the "Service").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE.

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SERVICE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT (AT LEAST 13 YEARS OLD, OR 16 IN THE EEA/EU, AS NOTED BELOW); AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE AND DELETE IT FROM YOUR DEVICE.

1. The Chaddle Service Model

Chaddle provides a direct messaging platform designed to prioritize user privacy and efficiency. It is critical you understand the following:

Direct User-to-User Communication: The App is engineered to facilitate direct communication between users. Message content (such as text, files, etc.) is primarily transmitted directly between the devices of the participants in a conversation.

Decentralized Network Services: To enable the discovery of other users and ensure message delivery even when devices are offline, the Service utilizes a decentralized, open network architecture for routing information. This architecture is designed to operate without a traditional central message storage server.

Notifications: To alert you of new messages, the App uses a third-party notification service. This service receives only the minimal data necessary to generate an alert on your device (e.g., "a new message is available") and does not have access to the content of your messages.

Local Data Storage: All message history and media are stored locally on your device. You are solely responsible for maintaining the security of your device and backing up your data. We cannot access your message history or recover it if you lose your device, uninstall the App, or delete the data.

2. User Accounts and Profiles

You may be required to create a user profile or account to use the Service. You agree to provide accurate and complete information during any registration process and to update such information to keep it accurate. You are solely responsible for safeguarding any password or credentials and for all activities that occur under your account.

3. Acceptable Use and Conduct

You agree not to use the Service to:

Violate any applicable law, regulation, or legal obligation.

Infringe upon the intellectual property, privacy, or other rights of others.

Transmit any content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy, harassing, threatening, or otherwise objectionable.

Engage in spamming, phishing, or other fraudulent or malicious activities.

Distribute viruses, worms, or any other destructive code.

Attempt to compromise the network integrity or security of the Service.

Use the Service to transmit unsolicited commercial messages.

4. Intellectual Property Rights

The Service, including its original content, features, functionality, design, and branding (including the name "Chaddle"), are the exclusive property of Sound Wear Inc. and its licensors and are protected by copyright, trademark, and other laws. Your use of the Service grants you no right or license to reproduce or otherwise use any Sound Wear Inc. trademark or copyright.

5. Privacy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, describes how we collect, use, and share information in relation to the Service. Given our unique service model, we collect minimal data. Please review it carefully.

6. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SOUND WEAR INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE.

7. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL SOUND WEAR INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
(I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
(II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICE;
(III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
(IV) THE INABILITY TO RECOVER MESSAGES OR DATA DUE TO THE SERVICE'S ARCHITECTURE;
(V) ANY MATTER BEYOND OUR REASONABLE CONTROL.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00) OR THE TOTAL AMOUNT YOU HAVE PAID US IN THE PAST SIX MONTHS, WHICHEVER IS GREATER.

8. Indemnification

You agree to defend, indemnify, and hold harmless Sound Wear Inc. and its licensors and affiliates from and against any claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

9. Age Requirement and Compliance

The Service is not intended for children under the age of 13. We do not knowingly collect personal information from children under 13. If you are based in the European Economic Area (EEA), you must be at least 16 to use our Service. If you are a parent or guardian and believe your child has provided us with information, please contact us at www.chaddle.app.

10. Third-Party Services

The Service depends on and integrates with third-party services, such as:

Apple App Store / Google Play Store: For distribution and in-app purchases.

Third-Party Notification Services: For delivering alerts to your device.

Public Decentralized Networks: For routing information to facilitate communication.

Your use of these third-party services is governed by their respective terms and privacy policies. We are not responsible for the operations or policies of these third parties.

11. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of [e.g., Delaware], without regard to its conflict of law provisions. Any dispute arising from these Terms or your use of the Service shall be resolved through final and binding arbitration, rather than in court.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide notice prior to any new terms taking effect, typically by posting an update within the App or on our website. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will cease immediately.

14. Application Store Additional License Terms

Apple App Store Additional Terms: If you accessed or downloaded the Chaddle application (the "App for iOS") from the Apple Inc. ("Apple") App Store, the following additional terms apply to your use of the App for iOS:

(i) These Terms are concluded between you and Sound Wear Inc., and not with Apple. Apple is not responsible for the App and its content.
(ii) Your license to use the App for iOS is limited to use on any Apple-branded products that you own or control.
(iii) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
(iv) In the event of any failure of the App for iOS to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
(v) Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
(vi) Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim related to the App or your possession and use of it.
(vii) You represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist-supporting" country and that you are not listed on any U.S. government list of prohibited or restricted parties.
(viii) Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Google Play Additional Terms: If you accessed or downloaded the Chaddle application (the "App for Android") from the Google Play Store made available by Google LLC ("Google"), the following additional terms apply to your use of the App for Android:

(i) These Terms are concluded between you and Sound Wear Inc., and not with Google. Google is not responsible for the App and its content.
(ii) Your license to use the the App is limited to a non-transferable license to use the App on an Android device that you own or control.
(iii) Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
(iv) Google will have no warranty obligation whatsoever with respect to the App. Any applicable warranty claims are governed by these Terms.
(v) Google is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
(vi) Google is not responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim related to the App or your possession and use of it.
(vii) Google is a third-party beneficiary to these Terms and may enforce these Terms against you.